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The Delta State Chapter of the Labour Party (LP) and its 2023 Governorship Candidate, Kennedy Kawahariebie Pela, has filed 12 grounds of appeal challenging the judgement of the Governorship Election Petition Tribunal over the victory of Rt. Hon. Sheriff Oborevweri as Governor of Delta State.
In the notice of appeal, Pela and the Labour Party are seeking for an order by the appellate court to set aside the judgment of the governorship election petition tribunal which earlier struck out their petition.
The Notice of Appeal reads” Take notice that the appellants being dissatisfied with the judgement of the Election Petition Tribunal, holden at Asaba, Delta State in petition No. EPT/DL/GOV/01/2023 between Pela Kawahariebie and another versus Independent National Electoral Commission (INEC) and 6 others, dated 29th September 2023, headed by Hon. Justice Chibuzo H. Ahuchaogu, doth hereby appeal to the court of appeal upon the grounds set out in paragraph 3 and will at the hearing seek the reliefs set out in paragraph 4 herein.”
In the 12 grounds of appeal, the Labour Party and its governorship candidate stated that the tribunal judges erred in law when it suo motu struck out the names of the three of the respondents joined in the appellant’s petition without inviting parties to address her on the point.
Parts of the grounds of appeal read; “The tribunal erred in law and thereby occasioned miscarriage of Justice when at page 10 of the judgment the summary of facts in the petition was only based on the facts elicited during cross-examination of the petitioners petition without recourse to their written statement on oath”.
“The tribunal erred in law when at page two of the judgment stated ‘this petition is a fallout of the governorship election held on the 18th and 19th of March 2023’.
“The trial tribunal misdirected itself and thereby occasioned miscarriage of justice when at paragraph 10 to 19 of the judgement summarized the entire facts of the petition based on just the cross-examination of the respondents and refused to countenance the evidence in Chief of the petitioners”.
“The tribunal erred in law when it held at pages 34 and 35 of her judgment that no constitutional provision or electoral Act was cited.
“The Tribunal erred in law and reached a wrong decision when it found as a fact struck out paragraphs of the petition.
“The honorable tribunal failed to consider that the appellant listed the particular polling units and local government areas complained about in the petition and tendered pleaded documents such as the forensic report and incorporated same as documents to be relied on at the trial. It also misconstrued the provision in paragraph 4(4) of the first schedule to the Electoral Act, 2022 when it struck out the petition”.
“The Tribunal erred in law when it overlooked its own finding that exhibit IR29, being the letter of resignation by the 3rd Respondent did not satisfy admissibility check and the consequential rejection of same, yet failed to countenance the contention of the appellants that the 3rd respondent did not resign 30 days before the Election thereby occasioning a miscarriage of Justice. “
They, however, ask the appellate court to allow the appeal and set aside the decision of the honorable tribunal dated 29th September 2023
An order allowing the appellants action, and granting the reliefs sought in the petition based on the merit of the hourable court’s findings.
Labour Party and its candidate are also seeking a ruling on suo motu be set aside and an order for the expeditious trial of the 5th, 6th and 7th respondents.